Thomas E. Simmons and Andrew J. Knutson recently published an Article entitled, Restraining the Unsupervised Fiduciary, South Dakota Law Review, 2021. Below is the abstract for the Article: In 2020, Governor Kristi Noem signed South Dakota’s slightly tweaked version of…
Probate & Estate Planning
Florida’s new and improved ethics rule 4-1.14 is an important and much needed tool for lawyers representing clients with diminished capacity
One of the most confoundingly difficult challenges we all face as lawyers is what to do when a client’s cognitively declining in a way that’s clearly affecting her decision-making abilities, but it’s just as clear that she’s still able to…
Conservator Does Not have Certain Duties to Beneficiaries
Those were the issues addressed in the Snyder v. Entrust Fiduciary Services, Inc. case decided May 28, 2015 by the Arizona Court of Appeals
The post Conservator Does Not have Certain Duties to Beneficiaries appeared first on Berk Law Group.
Family Matters: Top three scenarios when real estate is left to multiple beneficiaries
If you are part of a group of beneficiaries (2, 3, etc.) and have inherited a parcel or parcels of real estate together, there are a variety of ways in which the real estate may be distributed.
First and foremost,…
How is the gifting of money or property to a relative taxed?
Source: Livemint.com
The following article was first published in the Mint newspaper on 7th June, 2022. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions…
Travel With Frail Aging Parents? What To Consider And What To Avoid
Travel With Frail Aging Parents? What To Consider And What To Avoid
Many of us made travel plans with aging parents long ago, hoping the pandemic would would be over by this time. Delayed events, rescheduled celebrations and other family…
Inheritance Advice: The ‘Times’ Got It Wrong
The New York Times is wrong. In a recent “Social Q’s” column, a reader asked for inheritance advice. The response was off the mark.
(For the purposes of this article, we’ll call the questioner “Reader.” And though the column…
Article: Conflicts and Opportunities for Pension Fiduciaries in the ESG Environment
Susan N. Gary recently published an Article entitled, Conflicts and Opportunities for Pension Fiduciaries in the ESG Environment, Oklahoma Law Review, 2022. Below is the abstract for the Article: Acting as prudent investors, pension managers should consider financially material factors…
Article: Enforcing Charitable Trusts: A Study on the. English Necessary Interest Rule
Hui Jing recently published an Article entitled, Enforcing Charitable Trusts: A Study on the English Necessary Interest Rule, Legal Studies 1-18 (published online first), 2022. Below is the abstract for the Article: In England, Parliament introduced the ‘necessary interest rule’…
Barry University Seeks Trusts & Estate Professor
The following announcement is from The Faculty Lounge and was brought to my attention by Adam Hirsch. Barry University School of Law is seeking to fill one or more full-time, tenure-track and visiting faculty positions beginning in the Fall 2022…